CFN # 103842604, OR BK 37131 Page 228, Page 1 of 4, Recorded 03/25/2004 at

12:29 PM, Broward County Commission, Deputy Clerk 2140

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F03013550

IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT

IN AND FOR BROWARD COUNTY, FLORIDA
CIVIL ACTION

BANK ONE, N.A. AS TRUSTEE, FOR THE

INDYMAC ARM TRUST MORTGAGE PASS-
THROUGH CERTIFICATES, SERIES 200I-HI,

Plaintiff,

OT KNOWN 8 E DEAD
WHETHER SAID UNKNOWN PARTIES MAY
CLAIM AN INTEREST AS SPOUSES, HEIRS,
DEVISEES, OR OTHER CLAIMANTS; ISLANDER
HOMES OF 'VICTORIA PARK HOMEOWNERS
ASSOCIATION, INC.

Defendant(s).

FINAL SUMMARY JUDGMENT OF MORTGAGE FORECLOSURE

THIS CAUSE having come to be heard on March 23, 2004 on the MOTION FOR FINAL SUMMARY

JUDGMENT OF MORTGAGE FORECLOSURE INCLUDING A HEARING TO TAX ATTORNEYS' FEES AND

COSTS filed on behalf of BANK ONE, N.A. AS TRUSTEE, FOR THE INDYMAC ARM TRUST MORTGAGE

PASS-THROUGH CERTIFICATES, SERIES 2001-HI, hereinafter referred to as Plaintiff, and the Court having

reviewed the pleadings and affidavits filed by Plaintiffi having heard argument of counsel, and being otherwise fully

advised in the premises:

ORDERS AND ADJUDGES as follows:

1. Service of process has been duly and regularly obtained over ERIC L. NOVESHEN; CHRISTINE L.

NOVESHEN; ANY AND ALL UNKNOWN PARTIES CLAIMING BY, THROUGH, UNDER, AND AGAINST THE

HEREIN NAMED INDIVIDUAL DEFENDANT(S) WHO ARE NOT KNOWN TO BE DEAD OR ALIVE,

WHETHER SAID UNKNOWN PARTIES MAY CLAIM AN INTEREST AS SPOUSES, HEIRS, DEVISEES, OR
CFN # 103842604, OR BK 37131 PG 229, Page 2 of 4

OTHER CLAIMANTS; ISLANDER HOMES OF VICTORIA PARK HOMEOWNERS ASSOCIATION, INC.;

hereinafter referred to as "Defendants."

2. The equities of this action are in favor of Plaintiff, and Plaintiff is entitled to the foreclosure of its

mortgage. Plaintiff is due:

UNPAID PRINCIPAL BALANCE $356,698.26

INTEREST THROUGH March 23, 2004 16,931.04
PRE-ACCELERATED LATE CHARGES 881.16
THR GH D ber 05,
-

" 0," ril

g
WINS

ATION FEE 0.00

FILING FbL .00
INVESTIGATION/SERVICE OF PROCESS 424.95
NOA PUBLICATION FEE 265.00
RECORDING FEE 6.00
ATTORNEY'S FEE 1,200.00

TOTAL $406,353.86

3. The Court finds, based upon Section 702.10, Florida Statutes, the affidavits filed herein, inquiry of

counsel for Plaintiff, and upon consideration of the legal services rendered, the complexity of the foreclosure action,

the amount of time and labor reasonably expended by lawyers in the community in prosecuting routine mortgage

foreclosure actions, Echevarria & Associates, P.A.'s flat fee agreement with its client and Florida law, that the fee

sought by Echevarria & Associates, P.A., is reasonable and awards a fee of One thousand, Two hundred and 00/100

Dollars ($1,200.00).

4. The Court finds that the Plaintiff is the owner of the Note(s) and Mortgage(s) being foreclosed in this

matter.

5. Plaintiff holds a lien for the total sums set forth in Paragraph2 superior to any claims, interests or

estates of Defendant(s) ERIC L. NOVESHEN; CHRISTINE L. NOVESHEN; ANY AND ALL UNKNOWN PARTIES

CLAIMING BY, THROUGH, UNDER, AND AGAINST THE HEREIN NAMED INDIVIDUAL DEFENDANT(S)

WHO ARE NOT KNOWN TO BE DEAD OR ALIVE, WHETHER SAID UNKNOWN PARTIES MAY CLAIM AN

INTEREST AS SPOUSES, HEIRS, DEVISEES, OR OTHER CLAIMANTS; ISLANDER HOMES OF VICTORIA

CFN 1 103842604, OR BK 37131 PG 230, Page 3 of 4

PARK HOMEOWNERS ASSOCIATION, INC.; and any person or entities claiming by, through, under or against these

defendant(s), on the following-described property located and situated in BROWARD County, Florida:

ISLANDER TOWNHOMES OF VICTORIA PARK - UNIT 4 A PORTION OF LOTS 13

AND 14, BLOCK G, FRANK STRANAHAN'S SUBDIVISION, ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE 115, OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID
BLOCK G; THENCE NORTH 0006'51" WEST, ALONG THE WEST LINE OF SAID
BLOCK G (FOR A BASIS OF BEARINGS), FOR 102.25 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUE NORTH 0006'51" WEST FOR 37.45 FEET TO THE

:
CO ' IA' SAID ORTH 9000'00" EAST ALONG
skip i 1 i : 1.4) 3'.iii1 11:1
dm _,F LINE FO . , , II ..1:, b t THE Da:* :1
14,
1' i 44 : t y '51' ,, 1, NG
e
,..,,, ' fi.7 3746 TCE
; ILIk ' .1 I .,. I . . T,
H t :1 ' --POINT OF BEGINNING. S 11471 Is,. Mirk LYING AND
1 T/LIA.RD OW CO RID

A N ea st ort Laud r le, FL 3301 D

If the total suniletaith m Pailgraph 2, the ra .1 II' r ( is 7

percent) and all costs of this action accruing subsequent to this Judgment, is not paid immediately, the Clerk of this

Court shall sell the property described in Paragraph 5 at a public sale on Apt \ 26, , 2004, at

11:00AM, to the highest bidder for cash, except as hereinafter set forth, at THE LOBBY OF THE BROWARD

COUNTY COURTHOUSE IN FT. LAUDERDALE in BROWARD County, Florida in accordance with Florida

Statutes Section 45.031 (1999). The Clerk shall set a sale date between 20 to 35 days from the date of this Judgment

7. Plaintiff shall advance all subsequent costs of this action, and shall be reimbursed upon Order of the

Court if Plaintiff is not the purchaser of the property described in Paragraph 5 at the sale. If Plaintiff is the purchaser,

the bid may be assigned without further Order of this Court and the Clerk shall credit the Plaintiffs bid with the total sum

set forth in Paragraph 2 above, together with interest as prescribed by law and costs, including advances made by

Plaintiff to preserve its collateral which are secured by the lien of its mortgage, accruing subsequent to this Judgment, or

such part of it as is necessary to pay the bid in full.

8. On filing the Certificate of Title with respect to the property described in Paragraph 5, the Clerk shall

distribute the proceeds of the sale, so far as they are sufficient, by paying: first, all of Plaintiffs costs; second,

documentary stamps affixed to the Certificate; third, Plaintiffs attorney's fees; fourth, the total sum due to Plaintiff, as set

forth in Paragraph 2, less the items paid, plus interest at the rate prescribed by law fi -om this date to the date of the sale to

Plaintiff. The Clerk shall retain any amount remaining pending the further Order of this Court. Any amounts so retained

are to be distributed to each Defendant, as determined by Order of this Court.

CFN # 103842604, OR BK 37131 PG 231, Page 4 of 4

9. The successful bidder and purchaser at the foreclosure sale of the real property being foreclosed

shall pay, in addition to the amount bid, any documentary stamps and Clerks fee relating to the issuance of the

Certificate of Title to be issued by the Clerk to the successful bidder and purchaser. At the time of the sale the

successful high bidder shall post with the Clerk a deposit equal to five percent (5%) of the final bid. The deposit

shall be applied to the sale price at the time of payment. If final payment is not made within the prescribed period, the

Clerk shall re-advertise the sale as provided in this section, and pay all costs of the sale from the deposit. Any

described in Paragraph5, and the purchaser or purchasers at the sale shall be let into possession of the property. The

Clerk of the Circuit Court is Ordered to issue a Writ of Possession upon demand by the purchaser or purchasers.

I 1. Jurisdiction over this action is retained to enter such further Orders to give Plaintiff adequate and

complete relief as may be necessary and proper, including the entry of a dpficiency decree if borrower(s) has not been

discharged in bankruptcy or constructively served, together with additional attorney's fees, if appropriate.

DONE AND ORDERED in Chambers, in BROWARD County, Florida, this c23

117A-,
day of

, 2004.

Copies furnished to:

Echevarria & Associates, P.A.
P.O. Box 25018
Tampa, Florida 33622-5018

ERIC L. NOVESHEN
306 Northeast 11th ave
Fort Lauderdale, FL 33301

CHRISTINE L. NOVESHEN
306 Northeast 11th Avenue
Fort Lauderdale, FL 33301

ISLANDER HOMES OF VICTORIA PARK HOMEOWNERS ASSOCIATION, INC.

eo Eric Noveshein
306 NE 11th Avenue
Ft. Lauderdale, FL 33301